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Original poster

Child benefits stopped

20 replies

StellaQ · 01/04/2023 11:32

Hi, I just had my baby 6 months ago, I applied for child benefits once I registered her and I have today received a letter saying that I’m not entitled for child benefits for non of my girls (I have a 10 yo), they previously sent me another letter asking me about my sponsor (my first child’s dad, EU citizen) and I said I’m no longer living with him because he was abusing me and I ended up in a women’s shelter, they said I’m only entitled if I was living with him or if I have settled status, I’ve told them I applied for pre settled status since I haven’t completed 5 years residency and that I got 5 years residence card that expires in feb 2025 but they said I’m still not considered a resident in the UK? They said once I get my permanent residence/leave to remain I can re apply, is this true? I feel they’re wrong and I want to appeal but I want to make sure I’m not gonna make things worst for me regarding my immigration status? I was already getting child benefits for my first daughter and never told them I separated my husband since I never had an issue with the other benefits, I did tell universal credit and they just said I need to let the home office know once I divorce my husband, I also explained this to the woman on the phone and she said is different with child benefits, any advice? Should I appeal or just wait till I get my permanent residence and re apply? I will be completing 5 years on September this year

OP posts:
Dontbelieveaword · 01/04/2023 11:51

You're best going to your local Citizens Advice, they will be able to tell you what you're legally entitled to or whether you can legally appeal.
If it is correct that you are not entitled since you and your ex split, will they be claiming back the benefit you did continue to claim?

Original poster
StellaQ · 01/04/2023 12:06

Dontbelieveaword · 01/04/2023 11:51

You're best going to your local Citizens Advice, they will be able to tell you what you're legally entitled to or whether you can legally appeal.
If it is correct that you are not entitled since you and your ex split, will they be claiming back the benefit you did continue to claim?

the letter doesn’t actually say anything about me not living with my sponsor or that they will have to claim money back from me, it basically says that I don’t hold a valid immigration status which I do, and that I will have to apply as soon as possible to remain in the UK, they never asked me for any type of ID

OP posts:
InTheStars · 01/04/2023 12:13

@StellaQ There is a charity called Settled (website settled dot org dot uk, and they're also on Facebook). They deal with questions like yours.

FlemCandango · 01/04/2023 12:23

www.citizensadvice.org.uk/benefits/child-benefit/before-you-claim/check-if-you-can-get-child-benefit/

You need to have an additional "right to reside" for benefits if you have pre-settled status in order to claim child benefit. So as this is complex you will need advice on your options. You may be able to change your immigration status or prove a right to reside based on your activity in the UK. I suggest contacting your local citizens advice office. They can hopefully go through your options with you. You can claim child benefit once you have settled status but until then it is not clear cut. Good luck.

Original poster
StellaQ · 01/04/2023 12:33

InTheStars · 01/04/2023 12:13

@StellaQ There is a charity called Settled (website settled dot org dot uk, and they're also on Facebook). They deal with questions like yours.

Many thanks, I’ll have a look

OP posts:
Original poster
StellaQ · 01/04/2023 12:38

FlemCandango · 01/04/2023 12:23

www.citizensadvice.org.uk/benefits/child-benefit/before-you-claim/check-if-you-can-get-child-benefit/

You need to have an additional "right to reside" for benefits if you have pre-settled status in order to claim child benefit. So as this is complex you will need advice on your options. You may be able to change your immigration status or prove a right to reside based on your activity in the UK. I suggest contacting your local citizens advice office. They can hopefully go through your options with you. You can claim child benefit once you have settled status but until then it is not clear cut. Good luck.

Thanks, I’ll contact the citizen advise, but according to their website I’m entitled, I live with my children, my eldest is in full time education and the court granted me custody. I also worked full time and paid taxes until I separated my husband and went to the women’s shelter, I couldn’t go back to work full time

OP posts:
FlemCandango · 01/04/2023 12:45

Good so hopefully you can appeal that decision you may need to provide evidence but it sounds to me like you have a couple of R2R to base your claim on. I would speak to CA for some help with this. You can find your local office on their website.

www.citizensadvice.org.uk/

BernadetteIsMySister · 01/04/2023 13:06

What benefits are you trying to claim exactly?

Original poster
StellaQ · 01/04/2023 13:11

BernadetteIsMySister · 01/04/2023 13:06

What benefits are you trying to claim exactly?

Child benefits, I applied when I separated my husband and I got the reward letter, but the law has changed so much and I’m confused

OP posts:
BernadetteIsMySister · 01/04/2023 13:25

Do you mean Child Benefit? Or universal credit?

Child benefits implies multiple?

Original poster
StellaQ · 01/04/2023 13:41

BernadetteIsMySister · 01/04/2023 13:25

Do you mean Child Benefit? Or universal credit?

Child benefits implies multiple?

I mean child benefit sorry, I already claim universal credit

OP posts:
Snoken · 01/04/2023 13:58

From what I can tell you aren't eligible to receive child benefits if I have understood your situation correctly: https://www.gov.uk/child-benefit/eligibility

You don't qualify if you don't work and you claim, for example, UC and you are separated from a person with settled status. You might have been registered as a job seeker and therefore got the 91 days you are entitled to, but now that you are not working but claim benefits it stops.

Child Benefit

Child Benefit - child benefit rates, eligibility, how to claim, child benefit claim form CH2

https://www.gov.uk/child-benefit/eligibility

FlemCandango · 01/04/2023 16:29

Op may have retained r2r from working over a year in the UK, or by leaving work to have a baby (you can retain it for 52 weeks). Or she may rely on a derivative r2r from having a school age child. This is how she is eligible for UC so will also mean she should be able to claim child benefit.

www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/before-you-apply/check-if-you-have-the-right-to-reside-for-benefits/

Original poster
StellaQ · 01/04/2023 17:08

FlemCandango · 01/04/2023 16:29

Op may have retained r2r from working over a year in the UK, or by leaving work to have a baby (you can retain it for 52 weeks). Or she may rely on a derivative r2r from having a school age child. This is how she is eligible for UC so will also mean she should be able to claim child benefit.

www.citizensadvice.org.uk/benefits/claiming-benefits-if-youre-from-the-EU/before-you-apply/check-if-you-have-the-right-to-reside-for-benefits/

I’m actually on maternity leave, I work part time at my daughter’s school but I’m on a low income so don’t earnings are not taxed

OP posts:
Snoken · 01/04/2023 22:24

StellaQ · 01/04/2023 17:08

I’m actually on maternity leave, I work part time at my daughter’s school but I’m on a low income so don’t earnings are not taxed

Show quote history

In that case you probably don’t qualify if your income is too low. Look at the chart on the gov.uk page I posted to see if you are above the primary threshold.

You basically will only receive CB if you are contributing enough for it to make sense for the state. Once you can apply for settled status or you income goes up you will be able to claim again.

Chilli81 · 02/04/2023 09:13

I would advise contacting Here for Good www.hereforgoodlaw.org/get-advice and getting advice about applying for settled status on account of the relationship breaking down because of DV.

Original poster
StellaQ · 02/04/2023 11:34

Chilli81 · 02/04/2023 09:13

I would advise contacting Here for Good www.hereforgoodlaw.org/get-advice and getting advice about applying for settled status on account of the relationship breaking down because of DV.

Thank you very much, I’ve just completed the form for them to contact me 🙏

OP posts:
Original poster
StellaQ · 02/04/2023 11:37

Snoken · 01/04/2023 22:24

In that case you probably don’t qualify if your income is too low. Look at the chart on the gov.uk page I posted to see if you are above the primary threshold.

You basically will only receive CB if you are contributing enough for it to make sense for the state. Once you can apply for settled status or you income goes up you will be able to claim again.

Show quote history

Oh I didn’t know about it, I just thought Child Benefit was for any families which earnings were under 50K

OP posts:
Snoken · 02/04/2023 11:45

StellaQ · 02/04/2023 11:37

Oh I didn’t know about it, I just thought Child Benefit was for any families which earnings were under 50K

Show quote history

Not if you don't have settled status unfortunately. It's a little odd that they have made that decision. How far away from getting settled status are you?

Original poster
StellaQ · 02/04/2023 12:00

Snoken · 02/04/2023 11:45

Not if you don't have settled status unfortunately. It's a little odd that they have made that decision. How far away from getting settled status are you?

Show quote history

I will complete 5 years residency in September, so just few months

OP posts:
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